In recent years, the constitution of arbitral tribunals has become an increasingly important issue. The composition of a tribunal affects not only the efficiency of arbitration and the quality of dispute resolution, but also the parties’ trust in arbitration as a means of dispute resolution. Against the backdrop of the transformation of the legal landscape in Russia, the changing profile of legal market participants, and increasing attention to issues of transparency, independence, impartiality, and diversity of arbitrators, there is a growing need for a systematic analysis of existing approaches and practices for selecting and appointing arbitrators.
Against this background, the RWA team conducted a large-scale study aimed at collecting and consolidating information on the approaches to the selection and appointment of arbitrators that have developed in Russia, as well as identifying the significance of certain characteristics — gender, age, and nationality — in this process.
Against this background, the RWA team conducted a large-scale study aimed at collecting and consolidating information on the approaches to the selection and appointment of arbitrators that have developed in Russia, as well as identifying the significance of certain characteristics — gender, age, and nationality — in this process.
STUDY ON APPOINTMENT OF ARBITRATORS
About the study
The primary objective of the study was to examine approaches to constituting arbitral tribunals in domestic and international disputes connected with Russia during the period from 2019 to 2024, from two key perspectives: first, that of counsel representing the parties, and second, that of arbitral institutions, which establish the institutional framework for arbitration and shape trends in its development.
The empirical basis of the study consisted of results of the survey of more than 20 Russian law firms practicing arbitration, as well as the analysis of the statistical data of Russian and foreign permanent arbitral institutions (PAIs). Four PAIs – RAC, HKIAC, ICC and VIAC – took part in the survey.
The empirical basis of the study consisted of results of the survey of more than 20 Russian law firms practicing arbitration, as well as the analysis of the statistical data of Russian and foreign permanent arbitral institutions (PAIs). Four PAIs – RAC, HKIAC, ICC and VIAC – took part in the survey.
Key findings
When selecting arbitrators, Russian law firms primarily take into account the arbitrator’s area of specialisation, prior experience, reputation and peer recommendations, as well as qualification in the applicable law and legal position on disputed issues. In international disputes, however, the approach of most respondents to arbitrator selection changes: greater importance is attached to factors such as the arbitrator’s nationality and place of residence, as well as their political neutrality.
The majority of respondent firms do not consider the arbitrator’s gender to confer any professional advantages and proposed women as arbitrators.
According to 2019–2024 statistics, men constitute the majority of arbitrators appointed in Russia-related disputes, both in Russian and foreign arbitral institutions.
According to 2019–2024 statistics, men constitute the majority of arbitrators appointed in Russia-related disputes, both in Russian and foreign arbitral institutions.
Most respondent firms are willing to consider young arbitrators (under 35–40) for appointment in disputes involving relatively low-value claims. However, the likelihood of appointing young arbitrators decreases as the value of claims increases, in both domestic and international disputes. Only one third of respondents consider that the arbitrator’s age, irrespective of the value of claims.
In practice, in domestic disputes, the most represented group of arbitrators is aged 36 to 45 (according to RAC statistics), while in international Russia-related disputes, arbitrators over 46 prevail (according to RAC and VIAC statistics).
In practice, in domestic disputes, the most represented group of arbitrators is aged 36 to 45 (according to RAC statistics), while in international Russia-related disputes, arbitrators over 46 prevail (according to RAC and VIAC statistics).
Foreign arbitrators continue to play a central role in international disputes handled by Russian law firms. At the same time, since 2022, a noticeable expansion in the geographic diversity of foreign arbitrators has been observed. While arbitrators from the United Kingdom and Europe continue to be widely appointed, interest in candidates from Asia, the Middle East, and Latin America has increased significantly.
In addition, since 2022, Russian parties have increasingly been proposing Russian arbitrators for appointment. The main reasons for selecting Russian arbitrators include the connection of the dispute to Russia, and the expectation of a better understanding of the specifics of Russian business.
In addition, since 2022, Russian parties have increasingly been proposing Russian arbitrators for appointment. The main reasons for selecting Russian arbitrators include the connection of the dispute to Russia, and the expectation of a better understanding of the specifics of Russian business.
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